The Republicans party went to the STF (Supreme Federal Court) to question the validity of the new regulatory framework for the ZPEs (Export Processing Zones).
The party addresses the treatment given to companies in the export zone, which have different tax treatment, but need to focus on international trade.
In the action, he states that the provisional measure instituted last year in the midst of the oxygen crisis in Manaus was intended to enable medical oxygen companies located in SPAs to direct their production to the domestic market, without losing the differentiated treatment, as response to the public health crisis of the pandemic.
It also says that the parliamentary amendments removed the law from this initial scope, allowing any company subject to the legal framework of EPZs to sell all its production to the domestic market.
Also according to the party, the issue did not have adequate analysis, with consultations and discussions prior to the enactment of a law.
“The contested legislation is clearly unconstitutional, from all points of view, generating a scenario of tax benefits in the EPZs harmful to free competition and the different regions of Brazil, privileging a few to the detriment of the majority of the market”, says Bruno Calfat, partner at Bruno Calfat Lawyers, which represents the Republicans party, author of the direct action of unconstitutionality.
Joana Cunha with Paulo Ricardo Martins and Gilmara Santos
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